Timber Notice Of Sale : Watchmen Agreement No: 30-102946
TIMBER NOTICE OF SALE SALE NAME: WATCHMEN AGREEMENT NO: 30-102946 AUCTION: June 14, 2022 starting at 10:00 a.m., COUNTY: Thurston South Puget Sound Region Office, Enumclaw, WA SALE LOCATION: Sale located approximately 11 miles east of Porter. PRODUCTS SOLD AND SALE AREA: All timber, except leave trees bounded out by yellow leave tree area tags, snags, and down timber existing more than 5 years from the day of sale, bounded by the following: white Timber Sale Boundary tags and the B-1500 Road in Unit #1; white Timber Sale Boundary tags and property boundary marked with white Carsonite posts in Unit #2; All timber bounded by white Timber Sale Boundary tags and the B-1510 Road in pit development Unit #3; All timber bounded by orange right of way tags in Units #4 and #5, except title to the timber within the right of way boundary tags is not conveyed to the Purchaser unless the associated C-4600 Road is actually reconstructed or the associated B-1441A and B1441Ext. roads are actually constructed; All timber bounded by orange right of way tags and the B-1510 Road in Unit #6. All forest products above located on part(s) of Sections 1 and 2 all in Township 17 North, Range 4 West, Sections 36 all in Township 18 North, Range 4 West, W.M., containing 175 acres, more or less. CERTIFICATION: This sale is certified under the Sustainable Forestry Initiative program Standard (cert no: PwC-SFIFM-513) ESTIMATED SALE VOLUMES AND QUALITY: Species Douglas fir Hemlock Noble fir Red cedar Red alder Spruce Sale Total Avg Ring DBH Count 16.4 14 15.9 13.3 12.6 14 10 Total MBF 1P 2P MBF by Grade 3P SM 1S 2S 4,261 1,210 1,191 52 41 5 6,760 3S 4S 1,936 1,833 485 577 476 546 32 8 5 492 148 169 20 33 UT MINIMUM BID: 2,623,000.00 BID METHOD: Sealed Bids PERFORMANCE SECURITY: 100,000.00 SALE TYPE: Lump Sum EXPIRATION DATE: October 31, 2024 ALLOCATION: Export Restricted BID DEPOSIT: 262,300.00 or Bid Bond. Said deposit shall constitute an opening bid at the appraised price. Page 1 of 3 4/29/2022
TIMBER NOTICE OF SALE HARVEST METHOD: Harvesting activities are estimated to be 60 percent cable and 40 percent ground based harvest. Cable and cable-tethered equipment allowed on all slopes. Non-tethered selfleveling equipment limited to sustained slopes of 55 percent or less, all other ground based equipment limited to sustained slopes that are 45 percent or less. Rubber tired skidders not allowed, except 6-wheeled rubber tired skidders with over-the-tire tracks spanning both sets of rear tires are allowed in all units on sustained slopes that are 45 percent or less. Yarding may be restricted during wet weather if rutting becomes excessive, per clause H-017. Falling and Yarding will not be permitted from November 1 to April 30, nor on weekends and State recognized holidays, unless authorized in writing by the Contract Administrator. If permission is granted to operate from November 1 to April 30, preventative measures may be required to protect water, soil, roads and other forest assets. ROADS: 25.13 stations of optional construction. 27.67 stations of optional reconstruction. 1237.73 stations of required prehaul maintenance. 6.51 stations of abandonment, if constructed. 27.67 stations of abandonment, if reconstructed. Purchaser maintenance on the B-1000 from 292 00 to 386 70 (C-4000 junction to B-1400 junction), B-1441, B1441ext, B-1441A, B-1500, B-1510 from 0 00 to 8 75, and C-4600 roads. Designated maintenance on all other roads used. Rock for this proposal may be obtained from the Larch Pillar Quarry at no cost to the Purchaser or any commercial rock source at the Purchaser's expense. All road work activities will not be permitted from November 1 to April 30, nor on weekends or State recognized holidays, unless authority to do so is granted, in writing, by the Contract Administrator. If permission is granted to operate from November 1 to April 30, a maintenance plan is required per Road Plan clause 1-26. The hauling of forest products will not be permitted from November 1 to April 30, nor on weekends or State recognized holidays, unless authorized in writing by the Contract Administrator. If permission is granted to operate from November 1 to April 30, preventative measures may be required to protect water, soil, roads and other forest assets. ACREAGE DETERMINATION CRUISE METHOD: Acreage was determined by traversing boundaries by GPS in all units, and length times width for existing roads in Unit #2. GPS data files are available at DNR's website for timber sale auction packets. See cruise narrative for cruise method. FEES: 114,920.00 is due on day of sale. 9.00 per MBF is due upon removal. These are in addition to the bid price. SPECIAL REMARKS: This sale contains high quality Douglas-fir logs. There are two distinct timber types within this sale. See cruise for details. Purchaser shall cut all hardwood stems 2 inches or greater within the harvest units, leaving a stump no more than 12 inches in height. Unit #2 has a non-tradeable leave tree area protecting potentially unstable slopes. Page 2 of 3 4/29/2022
TIMBER NOTICE OF SALE Tailhold restriction areas adjacent to units are marked on logging plan map to protect areas of potentially unstable slopes. Trees double banded with blue paint within the type 4 RMZ along the C-4600 reconstruction associated with Unit #1 shall be cut and left onsite. Required work in Larch Pillar Quarry as detailed in the development plan includes approximately 5000 cubic yards of overburden to be moved to designated waste area. The Larch Trail East passes through Units #1 and #2. This is to be closed by the Purchaser during active operations and restored to original pre-harvest condition following harvest per Schedule A-Recreation Trail Clean Out and Repair. To protect monumented corner locations, all trees that are double-banded with orange paint are required to be high stumped above the highest orange band of paint in Unit #2. Purchaser shall abate dust on the B-Line from station 638 55 to 647 00. Sale area may be inaccessible due to snow at anytime during winter operating period. For the safety of the public, please remove from roads and trails all string from string boxes used during appraising or cruising this sale. Page 3 of 3 4/29/2022
TIMBER SALE MAP 47 0'N " 0 46 59.5'N 15 0 B- C-4 00 0 " as t Ø " Ø " Ø Ø Ø " " Ø " Required Pre-Haul Maintenance Optional Construction Optional Reconstruction É Stream Type Stream Type Break Survey Monument Culvert Leave Tree Area 1/4-acre Wetland Mgt Zone Recreation Trails Non-Tradeable Leave Tree Area 1 of 4 ³ Ý o Existing Roads \ Streams % ] k Property Line 123 8'W Prepared By: slak490 Take / Removal Trees Timber Type Change Special Mgmt Area Leave Tree Tags Right of Way Tags Flag Line Sale Boundary Tags All State Unless Otherwise Noted Ø Ø Ø Ø ! Ø ! Ø Ø Ø 123 8.5'W Ø Riparian Mgt Zone Feet Leave Tree Area Planted 2019 3,000 Ø ch Tr a La r il E 46 59.5'N B-1 441 A " " " " C -4 60 0 " " " " " 0 B14 9 Ø Ø Ø Ø Ø Ø \ 4 % ] o xt 1e Ø Ø Ø D D D DTailhold Restriction Area DD D D 6 Ø Ø Private Wetland Mgt Zone 7 7 7 Ø Ø 2,000 W W Forested Wetland WW W 5 % k] 4 % ] 4 5 k % % ] ] o Ý 4 14 B- "" "" "" "" "" "" Ø """ """ """ """ """ """ """ """ """ """ """ """ \ \ 0 1,000 Pit Development Unit 3 2.5 Acres Sale Area 4 14 0 500 123 9'W """ """ """ """ """ """ B- 00 0 15 B- 0 o o k 3 % ] 4 % ] R/W Unit 4 0.9 Acres R/W Unit 5 o Unit 1 5 44] 54 % % % % ] 5k % ] ] 5 k] % k 55 ] ] 85 Acres % % ] 2 Acres ] % o k5 o 4 %k 5 % ] 4 ] 4 k % ] % % ] ] o 5 5 4k % ] 4 % 5 ] % ] ] k % 554 k] 4k % 4 ] k ] % ] % 5 % ] ] 5 % ] 55 5 k % % % % ] t ] % ] 4 as % ] lE o i 4 a É % ] o ch Tr o 4 k 5 ar % ] % L 4] 4 o % ] % ] o Unit 2 k k 5 % ] 5 ] 4 % 84 Acres % ] 5 % ] k 5 o 4 k % % 5 4 ] ] 454k % ] o % % % % ] ] ] ] k k] 55 o % ] 5 % o % 5 ] 4 k k 2 % ] % ] 5 o %5 ] 4 ] k k 1 %% ] 5 o % ] o k k 5 5 % % ] ] k 5% 4 % ] 4] 4 % 5 5k ] % ] % ] % ] o o o 5 % k 4 5 ] % ] 5 k % ] Private B-14 É É o k 4 % ] Ý B-1450 3 % TT hh uu rr ss tt oo] nn k 3 % ] \ k 5 % ] o 1 B-144 36 C-4 60 0 Ý k4 % ] 4 % ] 0 3 % ] \ \ 6 14 B- 35 3 % ] k k5 % ] \ \ \ \ 0 14 0 1 B- % ] 123 8'W 3 123 8.5'W 123 9'W 481 B-1 9 14 B47 0'N WATCHMEN REG IO N: South Puget Sound Region COUNTY(S): 30-102946 Thurston E L E V AT I O N R G E : 1320-2560 T17R4W, T18R4W Charitable/Educational/Penal & Reformatory Instit. (6), Common School and Indemnity (3), Scientific School (10) SALE NAME: AGREEMENT #: TOW NSH IP(S): TR US T(S ): Modification Date: nchi490 4/20/2022
Ø Property Line Flag Line Timber Type Change Required Pre-Haul Maintenance 46 59'N 0 Optional Reconstruction Streams % ] k Ý o 2 of 4 Stream Type Stream Type Break 1 É 123 8'W Rock Pit Wetland Mgt Zone Take / Removal Trees \ 12 Noted All State Unless Otherwise Optional Construction Right of Way Tags 00 74 C- B-100 " Leave Tree Tags " 46 59'N Feet 123 8.5'W Existing Roads Ø Ø ! ! Recreation Trails Non-Tradeable Leave Tree Area Survey Monument Culvert Leave Tree Area 1/4-acre Modification Date: nchi490 4/20/2022 ³ 000 C-4 3,000 2,000 Prepared By: slak490 D D D Tailhold Restriction Area D D D Sale Boundary Tags Special Mgmt Area Riparian Mgt Zone W WW WWForested Wetland 6 11 123 9'W Leave Tree Area Wetland Mgt Zone DD D 1,000 Sale Area """ """ """ " """ """ """ " """ """ """ " """ """ """ " """ """ """ " """ """ """ " 7 7 7 Larch Pillar Quarry 500 5 % ] Ý 1 0 46 59.5'N Ø Ø 53 Year Old Conifer 0 " " Ø Ø Ø Ø Ø Ø Ø Ø Private Planted 2019 Pit Development Unit 3 2.5 Acres " " Ø Ø R/W Unit 6 0.3 Acres " La r Ø Ø Ø B15 0 ch Tr a " il E as t Ø " " " " " " " B-1 441 A Ø Ø Ø Ø Ø Ø Ø Ø Ø 46 59.5'N 36 Ø Ø \ xt 1e 0 B-1510 123 8'W o 4 14 B- 0 15 B- 4 % ] Ý 2 35 k k 3 % ] 4 % ] R/W Unit 5 o Unit 1 5 44] 54 % % % % % ] 5k ] ] 5 k] k % 85 Acres 5 ] % ] % 2 Acres ] % ] 5 o k o 4 5 %k 5 % ] 4 ] 4 % ] % ] % k ] o 5 5 4k % 4 ] % % 5 ] ] ] k % 554 4k k] % 4 k ] ] % ] % 5 % ] ] 5 % ] 55 5 k % % % % ] ] % ] st 4 % ] Ea l o i 4 a É % ] o ch Tr o 4 k 5 ar % ] % L 4] o 4 % ] % ] o Unit 2 k k 5 % ] 5 ] 4 % 84 Acres % ] 5 % ] k 5 o 4 k % 5 % 454k 4 ] ] % ] o % % ] ] k] k 55 % o ] 5 % o % 5 ] 4 k k % ] % ] 5 o %% 4 ] k % 5 ] k ] 5 o % ] o k k 5 5 % % ] ] k 5] 4 % ] 4% 4 % 5k 5 ] % ] % % ] ] o 5 o o % k 54 ] % ] 5 k % ] Private 1 0 3 % ] 123 8.5'W 0 B-14 \ \ 123 9'W \ WATCHMEN REG IO N: South Puget Sound Region COUNTY(S): 30-102946 Thurston E L E V AT I O N R G E : 1320-2560 T17R4W, T18R4W o (10) Charitable/Educational/Penal & Reformatory Instit. (6), Common School and Indemnity (3), Scientific School É É TT hh uu rr ss tt oo nn \ SALE NAME: AGREEMENT #: TOW NSH IP(S): TR US T(S ): \ \ \ \ \ TIMBER SALE MAP
DRIVING MAP S A L E N A M E : WATCHMEN South Puget Sound Region REG IO N: A G R E E M E N T # : 30-102946 Thurston, Grays Harbor COUNTY(S): T O W N S H I P ( S ) : T17R4W, T18R4W E L E V AT I O N R G E : 1320-2560 TR US T(S ): Charitable/Educational/Penal & Reformatory Instit. (6), Common School and Indemnity (3), Scientific School (10) " ) To Olympia 10 Miles 14 15 " ) SR8 17 " ) 16 " ) B-Line 2.5 Miles T18R04W ! T18R03W B-5000 3.5 Miles ! C-4000 1 Miles TT hh uu rr ss tt oo nn B-1441 ! B-1400 1.5 Miles G G rr aa yy ss H H aa rr bb oo rr T17R04W ! B-1000 1.5 Miles Unit 3 Unit 6 Unit 5 Unit 4 Highway County Road ! Unit 1 Unit 2 C-4000 1.5 Miles C-8000 5.3 Miles B-1500 1 Larch Pillar Quarry ! ! B-1000 0.5 Mile T17R03W Noschka Road SW Map may not be to scale Timber Sale Unit C-4600 1 Mile ³ DRIVING DIRECTIONS: "See Attached Driving Directions" Haul Route " ) ! 1 Milepost Markers Distance Indicator Rock Pit Township and Range County Boundaries Prepared By: slak490 3 of 4 Modification Date: nchi490 4/11/2022
Watchmen Driving Directions From SR-8 Milepost 16 Unit 1,4 Travel Down the B-Line for 2.5 miles then turn left down the B-5000 for 3.5 miles. This becomes the C-4000 and travel for 1 mile to reach the C-4600. Take the C-4600 for approximately 1 mile to reach R/W Unit 4 which leads to Unit 1. Unit 1,2,3,6 Continue down the C-4000 for another 1.5 miles, turning right onto the B-1000 road for 0.5 miles, then turning right onto the B-1500, continue straight to reach the B-1510 intersection where Unit 3 and Unit 6 are located. Pass this intersection and continue along B-1500 to first reach Unit 2 then continue to reach the top of Unit 1. Larch Pillar Quarry, Unit 2,5. Continue down B-1000 past the B-1500 intersection, you will reach Larch Pillar Quarry quickly. Pass the Quarry and continue down B-1000. After approximately 1.5 miles turn right onto the B-1400 and travel for 1.5 miles. Turn right onto B-1441, this road ends at Unit 5 which connects to Unit 2. From Noschka Road SW Travel down the C-8000 Road for 5.3 miles where you will reach the C-4000 Road. 4 of 4
DRAFT DRAFT DRAFT STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES BILL OF SALE AND CONTRACT FOR FOREST PRODUCTS Export Restricted Lump Sum AGREEMENT NO. 30-102946 SALE NAME: WATCHMEN THE STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES, HEREINAFTER ACTING SOLELY, IN ITS PROPRIETARY CAPACITY, STATE, AND PURCHASER, AGREE AS FOLLOWS: Section G: G-001 General Terms Definitions The following definitions apply throughout this contract; Bill of Sale and Contract for Forest Products: Contract between the Purchaser and the State, which sets forth the procedures and obligations of the Purchaser in exchange for the right to remove forest products from the sale area. The Bill of Sale and Contract for Forest Products may include a Road Plan for any road construction or reconstruction, where applicable. Contract Administrator: Region Manager’s designee responsible for assuring that the contractual obligations of the Purchaser are met. Forest Product: Any material derived from the forest for commercial use. Purchaser: The company or individual that has entered into a Bill of Sale and Contract for Forest Products with the State for the right to harvest and remove forest products from the timber sale area. 4/29/2022 1 of 29 Agreement No. 30-102946
DRAFT DRAFT DRAFT Road Construction: Includes building new and maintaining existing forest roads and associated work that may be optional or required as described in the Road Plan. State: The Washington State Department of Natural Resources, landowner and seller of Forest Products from the timber sale area. The State is represented by the Region Manager as designated on the contract signature page. Contractual obligations to the State are enforced by the Region Manager or the designated Contract Administrator. Subcontractor: Individual or company employed by the Purchaser to perform a portion or all of the services required by The Bill of Sale and Contract for Forest Products. The Purchaser is responsible for independently negotiating, procuring and paying for all subcontracted services rendered. G-011 Right to Remove Forest Products and Contract Area Purchaser was the successful bidder on June 14, 2022 and the sale was confirmed on . The State, as owner, agrees to sell to Purchaser, and Purchaser agrees to purchase as much of the following forest products as can be cut and removed during the term of this contract: All timber, except leave trees bounded out by yellow leave tree area tags, snags, and down timber existing more than 5 years from the day of sale, bounded by the following: white Timber Sale Boundary tags and the B1500 Road in Unit #1; white Timber Sale Boundary tags and property boundary marked with white Carsonite posts in Unit #2; All timber bounded by white Timber Sale Boundary tags and the B-1510 Road in pit development Unit #3; All timber bounded by orange right of way tags in Units #4 and #5, except title to the timber within the right of way boundary tags is not conveyed to the Purchaser unless the associated C-4600 Road is actually reconstructed or the associated B-1441A and B1441Ext. roads are actually constructed; All timber bounded by orange right of way tags and the B-1510 Road in Unit #6. All forest products above located on approximately 175 acres on part(s) of Sections 1, and 2 all in Township 17 North, Range 4 West, Section 36 in Township 18 North, Range 4 West W.M. in Thurston County(s) as designated on the sale area and as shown on the attached timber sale map. All forest products described above from the bole of the tree that meet or exceed 2 inches diameter inside bark on the small end are eligible for removal. Above ground components of a tree that remain as by-products after the manufacture of logs, including but not limited to tree tops, branches, limbs, needles, leaves, stumps, are not eligible for removal under the terms of this contract. Forest products purchased under a contract that is designated as export restricted shall not be exported until processed. Forest products purchased under a contract that is designated as exportable may be exported prior to processing. 4/29/2022 2 of 29 Agreement No. 30-102946
DRAFT G-020 DRAFT DRAFT Inspection By Purchaser Purchaser hereby warrants to the State that they have had an opportunity to fully inspect the sale area and the forest products being sold. Purchaser further warrants to the State that they enter this contract based solely upon their own judgment of the value of the forest products, formed after their own examination and inspection of both the timber sale area and the forest products being sold. Purchaser also warrants to the State that they enter this contract without any reliance upon the volume estimates, acreage estimates, appraisals, pre-bid documentation, or any other representations by the State Department of Natural Resources. G-025 Schedules The following attached schedules are hereby incorporated by reference: Schedule A G-031 Title Recreation Trail Clean Out and Repair Contract Term Purchaser shall complete all work required by this contract prior to October 31, 2024. G-040 Contract Term Adjustment - No Payment Purchaser may request an adjustment in the contract term. A claim must be submitted in writing and received by the State within 30 days after the start of interruption or delay. The claim must also indicate the actual or anticipated length of interruption or delay. The State may grant an adjustment without charge only if the cause for contract term adjustment is beyond Purchaser's control. The cause must be one of the following and the adjustment may be granted only if operations or planned operations under this contract are actually interrupted or delayed: a. Road and bridge failures which deny access. b. Access road closures imposed by road owner. c. Excessive suspensions as provided in clause G-220. d. Regulatory actions not arising from Purchaser's failure to comply with this contract which will prevent timber harvest for a period less than 6 months. G-051 Contract Term Extension - Payment Extensions of this contract term may be granted only if, in the judgment of the State, Purchaser is acting in good faith and is endeavoring to remove the forest products conveyed. The term of this contract may be extended for a reasonable time by the State if all of the following conditions are satisfied: a. A written request for extension of the contract term must be received prior to the expiration date of the contract. 4/29/2022 3 of 29 Agreement No. 30-102946
DRAFT DRAFT DRAFT b. Completion of all required roads and compliance with all contract and regulatory requirements. c. For the first extension, not to exceed 1 year, payment of at least 25 percent of the total contract price. For the second extension, not to exceed 1 year, payment of at least 90 percent of the total contract price. The payments shall not include the initial deposit which shall be held according to the provisions of RCW 79.15.100. d. Payment of an amount based on 12 percent interest per annum on the unpaid portion of the total contract price. All payments, except the initial deposit, will be deducted from the total contract price to determine the unpaid portion of the contract. e. Payment of 845.00 per acre per annum for the acres on which an operating release has not been issued in the harvest area. f. In no event will the extension charge be less than 200.00. g. Extension payments are non-refundable. G-053 Surveys - Sensitive, Threatened, Endangered Species Whenever the State determines that a survey for sensitive, threatened, or endangered species is prudent, or when Purchaser determines a survey is prudent and the State agrees, Purchaser shall perform such surveys at Purchaser's expense and to the standards required by the State. The survey information shall be supplied to the State. G-060 Exclusion of Warranties The PARTIES AGREE that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and ALL OTHER WARRANTIES EXPRESSED OR IMPLIED ARE EXCLUDED from this transaction and shall not apply to the goods sold. For example, THE FOLLOWING SPECIFIC MATTERS ARE NOT WARRANTED, and are EXCLUDED from this transaction: a. The MERCHANTABILITY of the forest products. The use of the term "merchantable" in any document is not intended to vary the foregoing. b. The CONDITION of the forest products. The forest products will be conveyed "AS IS." c. The ACREAGE contained within any sale area. Any acreage descriptions appearing in the timber notice of sale, timber sale contract, or other documents 4/29/2022 4 of 29 Agreement No. 30-102946
DRAFT DRAFT DRAFT are estimates only, provided solely for administrative and identification purposes. d. The VOLUME, QUALITY, OR GRADE of the forest products. The State neither warrants nor limits the amount of timber to be harvested. The descriptions of the forest products to be conveyed are estimates only, made solely for administrative and identification purposes. e. The CORRECTNESS OF ANY SOIL OR SURFACE CONDITIONS, PRESALE CONSTRUCTION APPRAISALS, INVESTIGATIONS, AND ALL OTHER PRE-BID DOCUMENTS PREPARED BY OR FOR THE STATE. These documents have been prepared for the State's appraisal purposes only. f. THAT THE SALE AREA IS FREE FROM THREATENED OR ENDANGERED SPECIES or their habitat. The State is not responsible for any interference with forestry operations that result from the presence of any threatened or endangered species, or the presence of their habitat, within the sale area. g. THAT THE FORESTRY OPERATIONS to be performed under this contract WILL BE FREE FROM REGULATORY ACTIONS by governmental agencies. The State is not responsible for actions to enforce regulatory laws, such as the Washington Forest Practices Act (chapter 76.09 RCW), taken by the Department of Natural Resources or any other agency that may affect the operability of this timber sale. h. Items contained in any other documents prepared for or by the State. G-062 Habitat Conservation Plan The State has entered into a Habitat Conservation Plan (HCP) with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Services) to address state trust land management issues relating to compliance with the Federal Endangered Species Act. The activities to be carried out under this contract are located within the State’s HCP area and are subject to the terms and conditions of the HCP, and the Services’ Incidental Take Permit Nos. TE812521-1 and 1168 (collectively referred to as ITP), or as amended hereafter by the Services. The ITP authorizes the incidental take of certain federally listed threatened and endangered species, as specified in the ITP conditions. All HCP materials, including the ITP, are available for review at the State’s Regional Offices and the administrative headquarters in Olympia, Washington. By signing this contract, Purchaser agrees to comply with the terms and conditions of the ITP, and the HCP, which shall become terms of this contract. The State agrees to authorize the lawful activities of the Purchaser carried out pursuant to this contract, PROVIDED the Purchaser remains in compliance with the terms and conditions of both the HCP and ITP. The requirements set forth in this contract are intended to comply with the terms and conditions of the HCP and ITP. Accordingly, non-compliance with the terms and conditions of the HCP and ITP will render the authorization provided in 4/29/2022 5 of 29 Agreement No. 30-102946
DRAFT DRAFT DRAFT this paragraph void, be deemed a breach of the contract and may subject Purchaser to liability for violation of the Endangered Species Act. Any modifications to the contract shall be proposed in writing by Purchaser, shall continue to meet the terms and conditions of the HCP and ITP, and shall require the prior written approval of the Region Manager before taking effect. G-063 Incidental Take Permit Notification Requirements a. Purchaser shall immediately notify the Contract Administrator of new locations of permit species covered by the Incidental Take Permits (ITP) that are discovered within the area covered by the State's Habitat Conservation Plan (HCP), including, but not limited to: locations of occupied murrelet habitat; spotted owl nest sites; wolves; grizzly bears; nests, communal roosts, or feeding concentrations of bald eagles; peregrine falcon nests; Columbian white-tailed deer; Aleutian Canada geese; Oregon silverspot butterflies; and additional stream reaches found to contain bull trout. Purchaser is required to notify the Contract Administrator upon discovery of any fish species found in streams or bodies of water classified as non-fish bearing. In all circumstances, notification must occur within a 24 hour time period. b. Upon locating any live, dead, injured, or sick specimens of any permit species covered by the ITP, Purchaser shall immediately notify the Contract Administrator. Purchaser shall notify the Contract Administrator if there is any doubt as to the identification of a discovered permit species. Purchaser may be required to take certain actions to help the Contract Administrator safeguard the well-being of any live, injured or sick specimens of any permit species discovered, until the proper disposition of such specimens can be determined by the Contract Administrator. Any such requirements will be explained to Purchaser by the Contract Administrator during the Pre-Work Conference. In all circumstances, notification must occur within a 24 hour time period. c. Purchaser shall refer to a specific ITP number, ITP TE812521-1 or ITP 1168 (copies which are located in the region office) in all correspondence and reports concerning permit activities. d. Provisions and requirements of the ITP shall be clearly presented and explained to Purchaser by Contract Administrator during the Pre-Work Conference as per contract clause G-330. All applicable provisions of the ITP and this schedule must be presented and clearly explained by Purchaser to all authorized officers, employees, contractors, or agents of Purchaser conducting authorized activities in the timber sale area. Any questions Purchaser may have about the ITP should be directed to the Contract Administrator. G-064 Permits Purchaser is responsible for obtaining any permits not already obtained by the State that relate to Purchaser's operation. Forest Practice Application / Hydraulic Project 4/29/2022 6 of 29 Agreement No. 30-102946
DRAFT DRAFT DRAFT Approval permits obtained by the State shall be transferred to Purchaser. Purchaser is responsible for all permits, amendments and renewals. G-065 Regulatory Disclaimer The State disclaims any responsibility for, or liability relating to, regulatory actions by any government agency, including actions pursuant to the Forest Practices Act, Ch. 76.09 RCW that may affect the operability of the timber sale. G-066 Governmental Regulatory Actions a. Risk Purchaser shall be responsible for any increased operational costs arising from any applicable foreign or domestic governmental regulation or order that does not cause contract performance to become commercially impracticable or that does not substantially frustrate the purpose of the contract. If impracticability or frustrati
TIMBER NOTICE OF SALE Page 1 of 3 4/29/2022 SALE NAME: WATCHMEN AGREEMENT NO: 30-102946 AUCTION: June 14, 2022 starting at 10:00 a.m., COUNTY: Thurston South Puget Sound Region Office, Enumclaw, WA SALE LOCATION: Sale located approximately 11 miles east of Porter. PRODUCTS SOLD AND SALE AREA: All timber, except leave trees bounded out by yellow leave tree area tags, snags, and
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